Sentences with phrase «discretion is in your court»

That is why it is a smart idea to open an account with the free dating sites because the discretion is in your court.

Not exact matches

Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may do any of the following at our sole discretion: A. transfer the funds back to the source; or B. convert your account balance to Bitcoins at our then - prevailing rate, subject to applicable fees and as soon as practicable give you 48 hours» notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the «Redemption Period»);

This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security.

To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

Unless we receive notice that the copyright owner is seeking a court order to prevent further infringement of the materials, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

From time to time, we may use your Personal Information and Traffic Data: (a) if we need to respond to valid legal process, including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law; or (b) if we deem it necessary to disclose Personal Information or Traffic Data, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests.

Joint custody may be awarded in the discretion of the court.

If so, in its discretion, the court can order a new child support amount which would be fair to both parents.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

So, in 2005, Silver awarded Taub's research center a $ 250,000 research grant from an $ 8.5 million pool of taxpayer money established by the state Health Care Reform Act — which was disbursed at the speaker's sole discretion with no public disclosure, court papers state.

The DPP urged the court to exercise its discretion in favour of the state because Aluko had given evidence under cross examination that the election which brought Fayose into power was free, fair and credible devoid of military harassment.

Ikpeazu held that the application was 100 per cent at the discretion of the court, but added that the court should exercise such discretion judicially and judiciously in accordance with the provisions of the constitution.

Responding, counsel to the EFCC, Chile Okoroma, stated that the matter should be left at the discretion of the court, as «the defendants have a right to fair representation in the interest of justice».

In a unanimous decision, the court ruled, «It is within the sole discretion of each district attorney's executive power to orchestrate the prosecution of those who violate the criminal laws of this State.»

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AAAS's sole discretion.

Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Science's sole discretion.

The National Eczema Association reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in the National Eczema Association's sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions.

As I stated in a letter to the editor a few years ago and as repeated elsewhere, denials of certiorari convey no decision upon the merits of the case; the high court is merely exercising its discretion not to affirm,...

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individuaIn any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individuain its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private persoIn any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private persoin its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private persoIn any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private persoin its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

But, as I also said, the court is given wide latitude in determining who it permits to intervene, and I'm not willing to guess how that discretion will be used here.

In considering these statutory factors, the court's inquiry is necessarily a limited one as the United States is entitled to «broad discretion to settle with the Defendant within the reaches of the public interest.»

We are convinced that requiring our bankruptcy courts to adhere to the strict parameters of a particular test would diminish the inherent discretion contained in § 523 (a)(8)(B).

[37] While Pima County Superior Court Judge James Marner had said the university did not abuse its discretion in concluding that disclosing the documents would not be in the best interests of the state, appellate Judge Joseph Howard said it was legally irrelevant what university officials thought was appropriate to disclose.

Indeed, as Lord Upjohn remarked in Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, [1968] 1 All ER 694 where a «public officer» who was «charged by Parliament with the discharge of a public discretion affecting Her Majesty's subjects» chose not to give reasons for a decision, «it may be, if circumstances warrant it, that a court may be at liberty to come to the conclusion that he had no good reason for reaching that conclusion».

The Court then made clear that the situation at hand differs significantly with that in Noorzia (case C - 338 / 13), where at stake was an optional rule expressly leaving Member States the discretion to determine the minimum age of spouses for family reunification.

In its judgment, the Court upheld children's fundamental right to be reunited with their parents and rejected the Member States discretion on the matter.

By contrast, the view of the Advocate General (AG) appears much more in line with the traditional philosophy of mutual trust in the EU context: even if Member States have discretion about the means to execute the sentences delivered by their courts and even if EU law does not oblige a Member State to issue an EAW in order to prevent impunity, Advocate General Jääskinen recalls that «the principle that every penalty must be executed forms part of the rule of law» whose respect is a common feature to all the Member States of the Union (§ 102, referring to the opinion of the AG).

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the cCourt of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the ccourt's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the courtcourt.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulacourt (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

In this regard, the Court pointed out that this does not mean that it is up to the discretion of each Member State to decide over the matter (paras 35 - 40).

Case law is very helpful in guiding clients on unclear areas of the law or areas in which there is a broad discretion available to the court, in assisting them in predicting a possible range of outcomes if they proceed with their case.

Juvenile Court Judge Jay D. Blitzman wrote in his statement that a judge's discretion to explain a decision should not be unfettered.

Re A (a Minor)[2007] EWCA Civ 1383 and [2007] All ER (D) 376 (Dec) the court held that when considering whether or not to grant such leave, the welfare of the child is a relevant consideration but not paramount, but before the permission discretion can be triggered, the «change in circumstances» must be sufficient to «have a real prospect of success» of reversing the court approved care plan already in place.

In other words, judges would presumably be more inclined to use their discretion to protect litigants» (and other participants») privacy if doing so would not be regarded as sacrificing openness or transparency but rather as a facilitator of access and enabler of court control over its records.

The national court therefore has its own sphere of discretion when examining the action against the defendant, and the Commission can not be considered as the judge and the party in its own cause.

The apportionment of liability is one of the factors that the court should consider in exercising discretion under section 131 of the Courts of Justice Act, R.S.O. 1990, c.C - 43 (see Rule 57.01).

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

That the Court declined to comment on the second question reminds us to be circumspect about the impact of the Court's holding — it is a narrow holding in so far as it is limited to the set of circumstances enumerated in Article 15 (2) and, as the AG notes in her conclusions, the language suggests that there was little margin for discretion — the State must «normally» keep the family together.

Athough the judgment emphasises the role of the national court in ultimately deciding the case, the discretion left to them is distinctly asymmetrical.

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

The High Court confirmed that in exercising their discretion, arbitrators are entitled to take into account the conduct of the parties.

It may be appropriate for the court to consider appointing a specialist other than the proposed examiner but only where the plaintiff demonstrates, on a preponderance of evidence, sufficient grounds to justify the court in concluding that its discretion should not be exercised in favour of the appointment of the defendant's nominee...

Such litigation is adversarial in nature and, subject to the court's discretion, the unsuccessful party bears the costs of those whom he or she brings to court.

... I conclude that the principles of law which govern the exercise of the Court's discretion in the circumstances of this case may in summary form be stated as follows: The defendants must establish that there has been inordinate delay and that this delay is inexcusable.

In Haeger, the Supreme Court maintained that — because a court's inherent authority is an «undelegated power» — it should be used with «restraint and discretion.&rCourt maintained that — because a court's inherent authority is an «undelegated power» — it should be used with «restraint and discretion.&rcourt's inherent authority is an «undelegated power» — it should be used with «restraint and discretion.»

As to whether the trial court, applying its discretion, should allow or disallow a new expert witness in the refiled case, the criteria are: surprise, prejudice, the nature of the testimony, the diligence of the adverse party, the timeliness of the objection and the good faith of the party seeking to add the new witness.